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This page provides practical information to help you make the most of your IP when doing business in The Republic of Korea, also referred to as South Korea.

If you plan to do business in The Republic of Korea (KR),鈥痮r if you are already trading聽there, it is essential to know how to聽manage聽and enforce your IP聽as聽private property rights.

The is the body responsible for operating the patent, utility model, layout designs, trade mark, and design rights system in KR.

The is KR鈥檚 agency dedicated to copyright related affairs and where you will be able to register your copyright (if needed).

KR is a signatory to a number of that may be useful to you should you want to apply to multiple countries at one time with a single application.

Trade marks

The KR聽trade mark聽system聽is聽similar to the UK鈥檚. Trade marks protect symbols, colours or other devices used to identify a business鈥檚 products or services.

A聽trade mark聽is valid for ten years,聽then聽may be renewed indefinitely for further ten-year periods.

To protect a聽trade mark聽in聽KR聽you have two options:

1. Apply yourself or through a representative (e.g. a trade mark agent) directly to .

2. Make an international聽trade mark聽application聽and select Republic of Korea as a designated country. More information on international trade marks聽can be found here: International Trade Mark聽Protection聽鈥� 188体育

Good to know

The two options above have their pros and cons. It is advised you think through the varying considerations such as the timings, cost and dependencies to suit your business.

Going through an international route, a benefit is that you will typically be required to complete one application across a number of countries in your native language only. Applying to the country directly, may need the application to be done in that country鈥檚 language. In this case, having an Intellectual Property lawyer/expert in the chosen country is advised.

Patents and utility models

Like in the UK, patents for inventions can be protected for up to 20 years in KR.

Unlike the UK, KR also provides protection for utility models, for up to 10 years. Utility models are sometimes called 鈥渕ini-patents鈥� and require a lower level of inventiveness.

To protect your innovation with a patent in KR you have two options:

1. File an application through聽a representative (e.g. a patent agent)聽directly聽to .

2. File聽an international聽patent聽application and select Republic of Korea as a designated country. More information be found here:

Good to know

KR operates a 鈥榝irst to file鈥� principle. If two people apply for a patent on an identical invention, the first one to file the application will be awarded the patent.

You will not need an address in Korea in order to apply for a patent. However, if you do not have a residential or business address in KR, you must appoint a patent attorney with a residential or business address in KR to act on your behalf for all patent-related procedures.

Direct applications are required to be in Korean. Ensure that your patent application is translated聽accurately.

Designs and Layout Designs

Design - To protect the appearance, shape or configuration of your product, you can apply for a design right directly with KIPO.

• protection term is for 20 years from the filling date.

Layout Design 鈥� In KR, a plane or cubic design of circuit elements and wires connecting the elements which is typically used for semiconductor integrated circuits, can be protected by registering for a layout design.

• protection term is 10 years from the date of registration.

Good to know

For designs, KR offers two examination routes, the Substantive Examination System (SES) and Partial- substantive Examination System (PSES). PSES is aimed at some short-term life cycle products.

Under PSES, applicants can make use of procedures intended to help expediate the registering of their designs. Registration may be granted within 1 or 2 months from the filling date.

Copyright

As in the UK,聽copyright is an automatic right under聽KR law.

KR is a signatory to the . The Berne convention contains a series of provisions determining the minimum protections to be granted. These provisions shared amongst the member states.

Some countries, like KR, offer additional protection of copyright through registering this right. For KR, registration is handled by the .

Good to know

Although protection is automatic,聽you may want to register your work with KCC. This will provide additional protection if you need to enforce your copyright.

Enforcing your rights

If you believe that someone is using or benefitting from your IP rights without your consent, it is advisable聽to seek legal advice at聽an early stage.

There are three levels at which you can enforce your IP rights in KR:

• mediation - IP infringement can often be dealt with directly with the alleged infringer, for example, using 鈥榗ease and desist鈥� letters.

• civil action - a legal expert can help you navigate the court system and build a civil case against someone infringing your IP rights.

• criminal prosecution - some infringement actions may also constitute a criminal offense under KR law.

The World Intellectual Property Organisation (WIPO) also provides a for businesses looking to protect their IP internationally, including arbitration and mediation of disputes.

You can register 鈥� or 鈥榤ake a recordal of鈥� - your marks with the . This allows the customs offices to check and intercept infringing goods.

The provides protection for rights owners in addition to the Acts covering each form of IP. This covers unfair practices including 鈥榗ybersquatting鈥� and the infringements involving 鈥榙ead copies鈥� of designs.

More information

To report a market access barrier on IP in KR.

Support in KR:

The British Embassy in Seoul provides a full range of diplomatic, consular and business-related services. UK diplomats cannot intervene with Korean legal or administrative processes, but they may be able to keep a watching brief when cases are brought to Korean courts, or lobby on your behalf if progress is slow.

offers advice for visiting and resident British business-people and a chance to meet others through networking events.

primary objective is to provide its members with information, communication, and access pertaining to the business and regulatory environment of KR. It cooperates with organizations that share mutual interest to promote optimal business environment and fairly represents the European business community.